Full opinion text
MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. This suit arises out of claims made by the Plaintiff, James B. Conklin, that he was sexually harassed by the Defendant Denise A. Wilson while an employee of the Suffolk County Board of Elections. In addition, Conklin claims that when he complained of this harassment, the Defendants the County of Suffolk, the Suffolk County Board of Elections, and Cathy L. Richter Geier (collectively, the “County Defendants”), as well as the Defendant Jesse Garcia, retaliated against him. Three separate motions for summary judgment have been filed by the Defendants. For the reasons set forth below, the Court grants the motions filed by individual Defendants Denise A. Wilson and Jesse Garcia, and grants in part and denies in part the motion filed by the County Defendants. I. BACKGROUND A. Factual Background The Defendant Denise A. Wilson (“Wilson”) began her employment with the Defendant the Suffolk County Board of Elections (“BOE”) in the Processing Department in or about November 2005. The Plaintiff James B. Conklin (“the Plaintiff’ or “Conklin”) began his employment with the BOE as an Election Clerk in the Data Department on February 14, 2006. Wilson and Conklin became romantically involved prior to the time that the Plaintiff began his employment at the BOE. During the course of their relationship, the Plaintiff was married to another woman. It is undisputed that Wilson and Conklin were only co-workers and that Wilson was not Conklin’s supervisor, nor did she have the right to fire, hire, discipline, or control his work schedules or assignments. (Cty. Def.’s 56.1, at ¶ 3; Def. Wilson 56.1, at ¶ 3-4.) It is not entirely clear when the relationship between Wilson and Conklin actually concluded. The Plaintiff purportedly terminated his relationship with Wilson in June 2007. However, Conklin acknowledged that he was still in love with Wilson for several months after this break up, until at least as late as November 2007. In this regard, in the beginning of November 2007, Conklin gave Wilson a card that said “I love you!” and was signed “Love, Jim” with an “X” and “O”. (Cty. Def.’s 56.1, at ¶ 146.) Also, Mary MacConnell, the Plaintiffs social worker and therapist, testified about a visit with Conklin on September 10, 2007, as follows: A: Again, there was a never a total breakup. He worked with her. Q: In the next line [of your progress notes] you say he has obsessive thoughts? A: Yes. Q: And he feels she may be with another man. A: Right. Q: “He monitors her activities, calls frequently when not at work and tries to date her.” A: Yes. He loved her. He loved her. Obsessive you think about it and think about it, could she have someone, could she have someone. Again, because of the fact that it wasn’t totally ended, the hopefulness was there that it could be rekindled. (MacConnell Dep., at 28-29.) It appears that Wilson and Conklin had quite a tumultuous relationship, which manifested itself in various incidents both inside and outside of the workplace. Prior to November 7, 2007, the Plaintiff did not subjectively perceive Wilson’s behavior or comments as harassing because, according to him, they were still friends at the time. (Conklin Dep., at 368.) However, an incident that took place on November 7, 2007 outside of the workplace demarcated a change in the Plaintiffs interpretation of Wilson’s behavior. On the evening of November 7, 2007, the Plaintiff approached the home of Donald Pipe, who was a friend and arguably a romantic interest of Wilson. According to Wilson, she was sitting on the couch with Pipe when she heard Conklin shouting and banging on the window. According to Conklin, he only peeked through the window and in doing so, saw illegal drugs strewn about the home. Wilson waited until she believed Conklin was gone from the home, and then left Pipe’s residence and began to drive home. Soon thereafter, she noticed that the Plaintiff was following her automobile. Conklin admits that he followed Wilson’s car from Patchogue to Bellport, which is the opposite direction from his home. However, he claims that he was following Wilson because she was swerving and he was worried about her safety, especially in light of the drugs he saw at Pipe’s residence. Eventually, Wilson pulled into an empty gas station to allegedly get away from Conklin. However, the Plaintiff blocked Wilson’s automobile, and in her attempt to escape, Conklin caused her to crash her car into a post at the gas station. The police subsequently arrested the Plaintiff and charged him with two crimes: harassment and reckless endangerment. After this incident, Conklin claims that he received angry and threatening messages from Pipe. Conklin reported these threats to the authorities, which led to Conklin’s receipt of an order of protection against Pipe on November 13, 2007. According to the Plaintiff, from November 7, 2007 onward, he no longer wanted anything to do with Wilson. {See PI. Opp. Mem., at 4 (“On November 7, 2007, Conklin’s friendship and overall rapport with Wilson began to deteriorate quickly”).) After this point in time, Conklin began to subjectively perceive Wilson’s behavior and comments as harassing and thus, on numerous occasions, he began to make complaints that Wilson was bothering him. The County Defendants acknowledge that the “harassment” Conklin began to complain about consisted of Wilson using a copy machine in Conklin’s work area in the Data Department; putting her lunch in the refrigerator in Conklin’s work area; using a phone in Conklin’s work area; and returning things to him after their relationship was over. (Cty. Def.’s 56.1., at ¶ 140.) In addition, Conklin alleges that Wilson’s harassment also included frequent use of the water cooler in his area; intentional use of his desk to read her newspaper; leaving unnecessary notes for him at his workspace; and making passing, derogatory comments to him about his wife. (PI. 56.1, at ¶ 140.) Furthermore, while walking outside the BOE building, Conklin alleges that Wilson yelled at him and hit him. However, Wilson never touched the Plaintiff in an inappropriate way in the workplace, and never made any physical sexual advances toward him at the BOE. (PI. 56.1, at ¶ 206.) Moreover, Conklin has acknowledged that part of what formed his belief that he was being sexually harassed by Wilson was “because many of the times she would say stuff to me about the relationship and starting it up again, and that’s sexual harassment.” (Conklin Dep., at 176:7-11.) On the other hand, Wilson testified that she had alternative reasons for her behavior and that she did not intend to harass the Plaintiff. In general, Wilson characterizes the office environment as “fluid”; she asserts that while there are different departments, people moved around frequently and work space and resources were often shared. (Wilson Mem. at 4.) For example, Wilson claims she used the refrigerator in the data department because it was close to her desk and everyone else used it too; she used the water cooler in the data department because she contributed money for the water supply; she used the copy machine in the data department because she did not have one in the processing department where she worked; and she used the phones in the data department because the phones in her department only dialed internal County numbers. (Wilson Dep., at 136-39.) In addition, Wilson obtained an Order of Protection against the Plaintiff on November 20, 2007, because “he ran [her] off the road, I had enough of the stalking, the violence and the erratic behavior.” (Wilson Dep., at 100.) In particular, Wilson testified that she was in “fear for her life” based upon Conklin’s actions on November 7, 2007. The Plaintiff complained about Wilson’s behavior to Keith Tuthill, BOE’s Director of Operations, and Wayne Rogers, Deputy Commissioner. As a result, Tuthill and Rogers told Wilson not to go into Conklin’s workspace in the Data Department. In addition, the Plaintiff observed Tuthill speak to Wilson on at least two occasions in November 2007. (Cty. Def.’s 56.1, at ¶ 170.) However, according to Conklin, Wilson repeatedly violated this prohibition, and the BOE never instituted progressive discipline against Wilson for her infractions. (PI. 56.1, at ¶ 175.) Thus, Conklin contends that his complaints were not addressed reasonably and/or satisfactorily by the Defendants. The Plaintiff also alleges that after the November 7, 2007 incident, he also reported Wilson’s conduct to the Defendant Jesse Garcia. Garcia works at the BOE as the Republican Hispanic Outreach Coordinator and also, according to Conklin, as the Republican “Election Administrator”. (Def. Wilson 56.1, at ¶ 7.) Garcia denies that he served in a supervisory position at the BOE, and testified that he has nobody who reports to him there. However, the Plaintiff contends that “Garcia is (in reality) third in the BOE hierarchy, after only the Republican Commissioner and Deputy Commissioner.” (PI. 56.1, at ¶ 7.) In addition, the Plaintiff asserts that as a political' leader with the County generally, Garcia has broad powers within the BOE, such as the decisions as to promotions; controlling BOE workers’ terms and conditions of employment; and countermanding and cancelling personnel actions ordered by the Commissioner such as transfers and terminations. (PI. 56.1 at ¶ 7.) After Conklin spoke to Garcia about Wilson’s behavior, Conklin claims that Garcia loudly berated him for his decision to complain about Wilson’s harassment and allegedly told Conklin that there would be consequences if he continued to pursue his sexual harassment claim against her. On February 29, 2008, the Plaintiff made a request for information on how to file a complaint of sexual harassment to Betty Manzella, the Republican BOE’s sexual harassment officer. On March 6, 2008, Manzella responded to the Plaintiffs request. On or about May 15, 2008, the Plaintiff submitted a complaint to Manzella, who then contacted the Democratic sexual harassment officer, Jeanne O’Rourke. On May 19, 2008, Manzella and O’Rourke (“the sexual harassment officers”) met with Conklin to explain the process of filing a complaint of sexual harassment. In late May or early June 2008, the BOE interviewed the Plaintiff, which the County Defendants claim was the start of its internal investigation into Conklin’s, complaints. The Plaintiff disputes whether the sexual harassment officers ever conducted anything that resembled a true “investigation” of his claims. The BOE disagrees, claiming that it conducted a full investigation, including that the sexual harassment officers met with Wilson twice in relation to the complaint that Conklin filed against her. There is no dispute that during the investigation in April 2008, the Plaintiff was directed by Defendant Geier to move out of the Data Department to a different position in the warehouse area. The Plaintiff worked in the warehouse for a total of approximately three months, from May to August of 2008. The reason for this reassignment is disputed by the parties. The County Defendants assert that Conklin was directed to move as a result of a complaint filed by a non-BOE employee named Amy Connelly. Allegedly, Connelly complained to the BOE that Conklin had retrieved her address from the BOE database — specifically, voter registration information — and went to her home to confront her husband John Connelly about his prior involvement with Wilson. (Cty. Def.’s 56.1, at ¶ 227-29.) The Defendants based this conclusion upon a computer query that was made into the voter'records that they believed was “evidence” of Conklin’s alleged’ computer misuse. Thus, it is asserted that Conklin was moved to the warehouse because the BOE did not want him to have further access to a computer. (Cty. Def.’s 56.1, ¶ 241.) However, other BOE employees such as Tuthill and Ellis testified that Conklin’s move was attributable to his attendance record. (Tuthill Dep. at 25; Ellis Dep. at 27:9-25, 28:2-4.) In addition, the Plaintiffs supervisor when he was assigned to the Data Department, the Defendant Geier, testified that she was displeased with Collins’ work performance, specifically his attendance, prior to his being moved to the warehouse in 2008. (Geier Dep. at 84:14-25; 85, 86:2-5.) The Plaintiff disputes the Defendants’ alleged proof of his computer misuse, arguing that the computer query was generated one month after his relocation to the warehouse and precisely one day after he filed his formal complaint of sexual harassment. Moreover, the Plaintiff vehemently disputes that the transfer to the warehouse was triggered by Connelly’s complaint, and instead asserts that the move was caused by his prior complaints regarding Wilson’s harassment. (PI. 56.1, at ¶ 229.) In this regard, the Plaintiff contends that if the decision to move him to the warehouse was motivated solely by the desire to eliminate his access to a computer, then there was no reason to begin monitoring his whereabouts in the warehouse once he was transferred. (PL 56.1, at ¶ 211.) In addition, the Plaintiff asserts that his attendance was not a legitimate reason for the move, because his attendance at that time was substantially similar to his prior attendance record at the BOE. (PL 56.1, at ¶ 210.) Moreover, the parties dispute the characterization of this reassignment. The County Defendants categorize it as “in the nature of a transfer, not a demotion.” (Cty. Def.’s 56. 1, at ¶ 238.) However, the Plaintiff asserts that it did constitute a demotion, because he was moved to an area that primarily involved blue collar work, entailed a significant loss of prestige and status, and was also inconsistent with his prior experience and professional background. (Pl. 56.1, at ¶238.) Conklin acknowledges that Wilson no longer harassed him in his workspace after he was moved to the warehouse, although she allegedly continued to bother him in other locations in the BOE building, such as to making comments in the hallways designed to rekindle their relationship. (Pl. 56.1, at ¶ 251-52.) In Conklin’s employ at the warehouse, his hours, pay and benefits remained the same. In this position, the Plaintiff reported to Bill Ellis, who at that time was supervisor of the warehouse but currently serves as Deputy Commissioner. Geier advised Ellis about the move when it was initiated and asked him to monitor the Plaintiffs whereabouts. (Ellis Dep. at 28.) When Conklin began working at the warehouse, Ellis advised him that he would have two ten minute breaks and one half-hour lunch break. The Plaintiff asserts that Ellis also told him that these rules would apply to Conklin only, even if they did not apply to other warehouse employees. (PL 56.1, at ¶ 237.) Meanwhile, on June 17, 2008, O’Rourke and Manzella sent a letter to the Plaintiff stating that they were unable to proceed with an investigation of his claims against Wilson because of Conklin’s failure to file a sufficiently detailed complaint and because his allegations did not fit within the County’s definition of sexual harassment. (Def. Wilson 56.1, at ¶ 162.) To the contrary, the Plaintiff asserts that his complaint was sufficiently detailed and he also disputes whether his allegations fit within the definition of sexual harassment pursuant to the County’s standard operating procedure. The County asserts that its definition of sexual harassment was only “unwelcome sexual advances, requests of sexual favors and other verbal or physical conduct of a sexual nature.... ” (Cty. Def.’s 56. 1, at ¶ 167.) However, the Plaintiff asserts that the County’s definition also contemplates “verbal or physical conduct of a sexual nature when ... [s]uch conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.” (See PL Ex. 8 at 3B; 9 at 1.) The Plaintiff was given another opportunity to provide more detañed information to the sexual harassment officers. Thus, Manzella and O’Rourke met with Conklin several times for this purpose, including a meeting on July 22, 2008. According to the Plaintiff, during the course of these meetings, the sexual harassment officers attempted to persuade him to drop his complaint against Wilson and repeatedly spoke to him without his attorney present. (PI. 56.1, at ¶ 170.) However, the County Defendants deny these allegations and claim that at one meeting Conklin yelled at them and stormed out of the meeting. (Cty. Def.’s 56.1, at ¶ 170.) The Plaintiff was eventually sent a letter on August 7, 2008, advising him that in the absence of further specific information, the BOE would take no further action on his complaint. (Cty. Def.’s 56. 1, at ¶ 225.) Thereafter, the Plaintiffs case was closed for failure to file a detailed complaint setting forth specific allegations of sexual harassment. According to Conklin, the complaint was closed only because the BOE “wanted it to go away” and because it wanted him to “drop it”. (Conklin Dep., at 184, 185.) During the course of the investigation, which was simultaneous with the Plaintiffs time at the warehouse — from May 12, 2008 through August 20, 2008- — Ellis kept a log of the Plaintiffs whereabouts. The log indicates that Conklin had sporadic attendance and failed to notify Ellis of his absences. The Plaintiff does not dispute the accuracy of these records, but asserts he used his accrued time in connection with the continued harassment he endured from Wilson. Ellis testified that when he spoke to Conklin regarding his attendance records, Conklin replied that he had “doctors and lawyers appointments and never knows when he can come in.” (Ellis Dep., at 32:21-25.) Ellis also met with Commissioner Geier at one point to discuss the Plaintiffs attendance issues. On August 20, 2008, Defendant Geier terminated the Plaintiff. Geier maintains that she only consulted her Deputy Commissioner Wayne Rogers regarding the decision, although the Plaintiff claims she also consulted with Defendant Jesse Garcia. Some of stated reasons for the Plaintiffs termination were that he had an erratic schedule and that he used a BOE computer to get information that was not used for BOE purposes. (Cty. Def.’s 56.1, at ¶ 259.) The Plaintiff contends that his termination was solely motivated by retaliation for his filing a sexual harassment complaint against Wilson. B. Procedural History The Plaintiff commenced this action on July 15, 2009, asserting causes of action against the County of Suffolk, the Suffolk BOE, Cathy L. Richter Geier, in her official and individual capacity, Jesse Garcia, in his official and individual capacity, Denise A. Wilson, in her official and individual capacity, and Chris P. Termini, in his official and individual capacity. The Plaintiff asserted claims for retaliation and a hostile work environment under Title VTI of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), 42 U.S.C. § 1983 (“Section 1983”), and the New York State Human Rights Law (“NYSHRL”), N.Y. Executive Law § 296. On September 14, 2009, two of the defendants, Denise A. Wilson and Chris P. Termini, filed a motion to dismiss the claims alleged against them. On May 8, 2010, this Court issued a decision that granted the Defendant Termini’s motion to dismiss all of the Plaintiffs claims against him, and granted the Defendant Wilson’s motion to dismiss the Plaintiffs Section 1983 claims against her as well as the NYSHRL claims against her, but only in her official capacity. On September 19, 2011, all of the remaining defendants filed motions for summary judgment. Three separate motions were filed by the following Defendants: (1) one motion was filed by the County of Suffolk, the Suffolk BOE, and Geier (collectively, the “County Defendants”); (2) one motion was filed by Wilson; and (3) one motion was filed by Garcia. The Court will address each motion in turn. II. DISCUSSION A. Legal Standards on a Motion for Summary Judgment It is well-settled that summary judgment under Fed.R.Civ.P. 56(c) is proper only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). A fact is “material” within the meaning of Fed.R.Civ.P. 56 when its resolution “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). An issue is “genuine” when “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id. In determining whether an issue is genuine, “[t]he inferences to be drawn from the underlying affidavits, exhibits, interrogatory answers, and depositions must be viewed in the light most favorable to the party opposing the motion.” Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 202 (2d Cir.1995) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962) (per curiam), and Ramseur v. Chase Manhattan Bank, 865 F.2d 460, 465 (2d Cir.1989)). Once the moving party has met its burden, “the nonmoving party must come forward with specific facts showing that, there is a genuine issue for trial.’ ” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (quoting Fed.R.Civ.P. 56(e)). However, the nonmoving party cannot survive summary judgment by casting mere “metaphysical doubt” upon the evidence produced by the moving party. Matsushita, 475 U.S. at 586, 106 S.Ct. 1348. Summary judgment is appropriate when the moving party can show that “little or no evidence may be found in support of the nonmoving party’s case.” Gallo v. Prudential Residential Servs., 22 F.3d 1219, 1223-24 (2d Cir.1994) (citations omitted). B. As to the Summary Judgment Motion by the County Defendants The Court will first address the motion for summary judgment filed by the Defendants the County, the BOE, and Geier, in both her individual and official capacity (collectively, the “County Defendants”). The County Defendants move for summary judgment as to both the Defendants’ hostile work environment and retaliation claims, which are asserted under Title VII, Section 1983, and .the NYSHRL. The standards for evaluating claims arising under Title VII, Section 1983, and the NYSHRL are identical for both hostile work environment and retaliation claims. See Weinstock v. Columbia Univ., 224 F.3d 33, 42 n. 1 (2d Cir.2000); Smith v. Town of Hempstead Dep’t of Sanitation Sanitary Dist. No. 2, 798 F.Supp.2d 443, 451 (E.D.N.Y.2011) (Spatt, J.) (“The standard for showing a hostile work environment under Title VII, Section 1981, Section 1983, and the New York State Human Rights Law is essentially the same.”); Davis v. Oyster Bay-East, No. 03 Civ. 1372, 2006 WL 657038, at *8, n. 12 (E.D.N.Y. Mar. 9, 2006), aff'd, 220 Fed.Appx. 59 (2d Cir.2007) (“discrimination claims under Title VII, 42 U.S.C. §§ 1981 and 1983, and NYHRL § 296 are analyzed together, as the same analytic framework applies to each”). With regard to Title VII, only the County and the BOE may be held potentially liable, because individual defendants such as Geier may not be held personally liable for alleged violations of this statute. However, under certain circumstances, an employee may be held individually liable under Section 1983 and NSYHRL. See, e.g., Chamblee v. Harris & Harris, Inc., 154 F.Supp.2d 670, 676-77 (S.D.N.Y.2001) (noting that an employee may be held individually liable under NYSHRL if he has “sufficient authority and power to do more than simply carry out personnel decisions made by others”). 1. As to the Hostile Work Environment Claims In addition to his claims for retaliation, the Plaintiff also asserts that he was subjected to unlawful discrimination and harassment in and through the creation of a severe and pervasive hostile work environment that substantially interfered with his employment, in violation of Title VII, Section 1983, and NYSHRL. As with retaliation, all three causes of action are subject to the same analysis. See Smith, 798 F.Supp.2d at 451 (“The standard for showing a hostile work environment under Title VII, Section 1981, Section 1983, and the New York State Human Rights Law is essentially the same.”). To state a claim for hostile work environment in violation of Title VII [or Section 1983 or NYSHRL], a plaintiff must plead facts that would tend to show the complained of conduct: (1) is objectively severe or pervasive — that is, creates an environment that a reasonable person would find hostile or abusive; (2) creates an environment that the plaintiff subjectively perceives as hostile or abusive; and (3) creates such an environment because of the plaintiffs sex. Patane v. Clark, 508 F.3d 106, 113 (2d Cir.2007) (internal quotation marks and punctuation omitted), citing Gregory v. Daly, 243 F.3d 687, 691-92 (2d Cir.2001). These three elements are termed, respectively, the objective, subjective, and prohibited causal factor requirements. Brown v. Henderson, 257 F.3d 246, 252 (2d Cir.2001); Gregory, 243 F.3d at 691-92. In general, to prevail on a hostile work environment claim, a plaintiff must show that “the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim’s employment.” Cruz v. Coach Stores, Inc., 202 F.3d 560, 570 (2d Cir.2000) (internal quotations omitted). In determining whether a work environment is hostile, the Court applies a standard with both an objective and subjective component, and assesses the totality of the circumstances, including: “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Pucino v. Verizon Wireless Commc’ns, Inc., 618 F.3d 112, 119 (2d Cir.2010) (internal quotation marks omitted); accord Petrosino v. Bell Atl. 385 F.3d 210, 221 (2d Cir.2004). In the present case, the Court finds that the record is insufficient, as a matter of law, to permit a reasonable fact finder to identify a hostile work environment based on sex that altered the Plaintiffs conditions of employment. First, regardless of whether the conduct was based upon Conklin’s gender, Wilson’s behavior did not rise to the level of severity required to sustain a hostile work environment claim. Although the conduct at issue may have been pervasive, as the Plaintiff alleges that the Defendant Wilson sometimes passed by his desk to use the photocopy machine or the water cooler up to ten days per day, these types of mundane and routine workplace actions are too trivial to constitute harassment as a matter of law. See Danzy v. Chao, 177 Fed.Appx. 133, 135 (2d Cir.2006) (“Danzy failed to make out a hostile work environment claim as the actions she alleged concerned only annoyances and personal disagreements and are therefore insufficient to show that her work environment ‘was so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of her employment were thereby altered.’ ”). Cf. Vito v. Bausch & Lomb Inc., 403 Fed.Appx. 593, 596 (2d Cir.2010) (finding allegations that a supervisor’s “right hand slipped down and touched her right breast” and made irritating and inappropriate comments, to fall short of the severity necessary to sustain a hostile work environment claim). In addition, the Plaintiff has failed to specify many of the allegedly derogatory comments that were supposedly made by Wilson. (See, e.g., Conklin Dep. at 157 (“She would sometimes come in and just say something, a little dagger, and then she would scurry for the door”); id. at 206 (“Lots of times she would talk to me. She would say something derogatory”).) With regard to alleged comments that were made to rekindle their romantic relationship, such as Wilson commenting on “where [he] was and who [he] was hanging out with,” (id. at 328) although arguably inappropriate, none of these statements are sufficient to show that the Plaintiffs work environment was severely permeated with discriminatory intimidation and ridicule. As recently held by the Second Circuit, “the record indicates only limited, infrequent, and at worst, mildly offensive conduct falling well short of the severity and frequency required to raise a triable issue of fact as to the existence of an objectively hostile work environment.” Cristofaro v. Lake Shore Cent. Sch. Dist., No. 11 Civ. 1025, 2012 WL 1082567, at *2 (2d Cir. Apr. 2, 2012). For example, in Cristofaro, the Second Circuit found the following to be insufficient: In support of her hostile environment claim, Cristofaro points to evidence dating from 1999 and continuing through 2006 that Redman: (1) occasionally commented on Cristofaro’s physical appearance; (2) participated in a bet with three other male employees as to when Red-man would be able to engage Cristofaro in sexually explicit conversation; (3) once made a non-sexual sarcastic or derogatory remark to Cristofaro in front of a colleague; (4) beckoned to Cristofaro in the halls by yelling “hey,” curling his finger in her direction, and engaging her in conversation unrelated to her work once a month for three-and-a-half years; (5) threw a piece of paper at Cristofaro in a faculty meeting; (6) lied about Cristofaro to a colleague; and (7) briefly made contact with the side of her body while standing next to her---- At the same time, Cristofaro testified that Red-man never touched her in a sexual or suggestive manner, and never asked her out or to engage in sexual acts with him. Id. The circumstances here are, at most, equal to the severity found to be insufficient in Cristofaro. In the present case, the vast majority of the incidents which Conklin complains about are, at most, objectively annoying. While Conklin may have subjectively found the behavior to be harassing, that does not end the relevant inquiry because the conduct must be objectively hostile as well. There is no doubt that Conklin’s employment situation may have been unpleasant, but this does not rise to the level of an illegal hostile environment. The “standard for redress is a hostile work environment, not an unpleasant one.” Nettle v. Central Okla. Am. Indian Health Council, Inc., 334 Fed.Appx. 914, 925-26 (10th Cir.2009). See, e.g., Devin v. Schwan’s Home Serv., Inc., 491 F.3d 778, 788 (8th Cir.2007) (finding that the plaintiffs allegations “amount[ed] to a frustrating work environment rather than an objectively hostile work environment”); Smith v. Naples Community Hosp., Inc., No. 208 Civ. 952, 2010 WL 2026163, at *7 (M.D.Fla. May 20, 2010) (“much of the conduct plaintiff alleges was harassment was in fact annoyances and communication issues that do not come close to creating a hostile work environment”). Second, even if the conduct at issue did rise to the requisite level of severity, “it is axiomatic that in order to establish a ... hostile work environment ... a plaintiff must demonstrate that the conduct occurred because of [his] sex.” Alfano v. Costello, 294 F.3d 365, 374 (2d Cir.2002) (internal quotation marks omitted). “[Mistreatment at work, whether through subjection to a hostile environment or through such coercive deprivations as being fired or being denied a promotion, is actionable ... only when it occurs because of an employee’s sex, or other protected characteristic.” Brown, 257 F.3d at 252 (citing Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 79-80, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998)); see also Hayut v. State Univ. of New York, 352 F.3d 733, 744-45 (2d Cir.2003) (requiring “evidence that the alleged discrimination was carried out because of sex” in a sexual harassment claim under 42 U.S.C. § 1983, governed by “traditional Title VII ‘hostile environment’ jurisprudence”); Galdieri-Ambrosini v. Nat’l Realty & Dev. Corp., 136 F.3d 276, 289 (2d Cir.1998) (“Although the harassment need not take the form of sexual advances or explicitly sexual conduct in order to be actionable under Title VII, the plaintiff is required to establish that the harassment complained of was based on [his] gender.”) (internal citations omitted). “In order to show that the allegedly harassing conduct was motivated by gender, or that gender played a motivating part in an employment decision, a[]male plaintiff must show that one of the reasons for the harassment or the decision was that [ ]he was a[ ]man.” Galdieri-Ambrosini, 136 F.3d at 289 (internal quotation marks omitted). In the end, what matters is “how the employer would have treated the plaintiff had [ ]he been of a different sex:” Brown, 257 F.3d at 254 (emphases omitted). After examining Conklin’s allegations, it appears that he does not contend that he was subjected to an unpleasant work atmosphere in any way because he is a man. Rather, his complaint is primarily that he was the recipient of allegedly hostile behavior at the hands of Wilson because she was bitter about the end of their relationship and perhaps wanted to rekindle their romance. (See PI. Opp. at 31) (“Wilson’s closely-connected feelings of love and hate for Conklin ... caused her to initiate a pattern of harassing and disruptive conduct that interfered with his job performance at the BOE.”); (id. at 32 (“they were motivated by Wilson’s desire to, on one hand, retaliate against Conklin for ending their relationship, and, on the other, to persuade him to resume it.”).) Thus, the incidents that Conklin claims demonstrate a hostile work environment amount to, at most, workplace annoyances and aggravation that are divorced from any discriminatory motive. The events were almost exclusively facially neutral incidents in no way based upon Conklin’s sex. See Guarino v. St. John Fisher College, 321 Fed.Appx. 55, 56 (2d Cir.2009) (concluding that although a supervisor may have hád an obsession with the plaintiff, seeking her out continuously during her employment, and “may have been acting in an unwelcome and inappropriate manner, no reasonable fact-finder could conclude that her behavior occurred because of her sex.”). While facially neutral incidents may be considered “among the ‘totality of the circumstances’ ... in any hostile work environment claim,” there must be a “circumstantial or other basis for inferring that incidents sex-neutral on their face were in fact discriminatory.” Alfano, 294 F.3d at 378; see also Oncale, 523 U.S. at 80-81, 118 S.Ct. 998 (cautioning that Title VII does not establish a “general civility code” for the American workplace). The Court finds no such basis to exist here. Of importance, courts often find that harassment by a co-worker is not considered to be “based on sex” when it arises from a failed relationship. See, e.g., Succar v. Dade County Sch. Bd., 229 F.3d 1343, 1345 (11th Cir.2000) (“Lorenz’s harassment of [plaintiff] was motivated not by his male gender, but rather by Lorenz’s contempt for [plaintiff] following their failed relationship; [plaintiffs] gender was merely coincidental.”); Galloway v. Gen. Motors, 78 F.3d 1164, 1168 (7th Cir.1996); Doherty v. Nederlander Producing Co., No. 04 Civ. 3324, 2006 WL 2239421, at *5, 2006 U.S. Dist. LEXIS 54125, at *16 (S.D.N.Y. Aug. 4, 2006) (“However, she fails to allege or to proffer evidence that the impetus for this behavior was gender-based hostility. Rather, she acknowledges that she had been personally involved with Johnson, that she had terminated their relationship, and she alleges that his conduct stemmed from his frustration regarding the termination of their consensual personal relationship.”); Stepheny v. Brooklyn Hebrew Sch. for Special Children, 356 F.Supp.2d 248, 263 (E.D.N.Y.2005) (“Conduct motivated by personal animosity does not run afoul of Title VIPs prohibition against altering the terms and conditions of employment because of sex....”). But see Forrest v. Brinker Int'l Payroll Co., 511 F.3d 225, 229 (1st Cir.2007) (“In cases involving a prior failed relationship between an accused harasser and alleged victim, reasoning that the harassment could not have been motivated by the victim’s sex because it was instead motivated by a romantic relationship gone sour establishes a false dichotomy. Presumably the prior relationship would never have occurred if the victim were not a member of the sex preferred by the harasser, and thus the victim’s sex is inextricably linked to the harasser’s decision to harass.”). In this case, characterization of the alleged harassment as merely personal animosity seems appropriate under the circumstances. Conklin’s description of their relationship is largely corroborated by undisputed evidence that he and Wilson had an on-again, off-again relationship punctuated by periods of hostility. The alleged conduct in itself — including derogatory comments about Conklin’s wife, incidents regarding Wilson’s new boyfriend, and comments indicating a desire to resume the relationship — also indicates that Wilson was motivated by frustration about the failed relationship. It appears evident that the claimed harassment at issue here was based on personal animosity, rather than a protected characteristic such as sex or race. Finally, the Court notes that the Plaintiff conveniently began to subjectively feel that he was being harassed the day that his relationship with Wilson went sour. This is not to say that a previous romantic relationship with Wilson prevents Conklin from having a now viable hostile work environment claim. See Forrest, 511 F.3d at 230 (“Nowhere does prior case law suggest that certain types of discriminatory behavior, held to constitute gender-based harassment in other eases, may not constitute gender-based harassment when the parties had previously engaged in a romantic relationship.”); accord Perks v. Town of Huntington, 251 F.Supp.2d 1143, 1157 (S.D.N.Y.2003) (“Boiled down to its essence, [defendant’s] argument would mean that once a supervisor has engaged in a consensual relationship with an employee, he subsequently has carte blanche to harass that employee with impunity, even though the same behavior with respect to any other employee would constitute a Title VII violation. This argument makes little sense — prudentially or legally — and the Court rejects it.”). However, the natural discomfort that arises when a romantic relationship ends will often result in behavior and consequent emotions that are in no way connected to discriminatory intent and thus do not constitute harassment based upon gender unless there is a specific basis for the Court so to conclude. See Stepheny, 356 F.Supp.2d at 263 (“If the jilted lover seeks retribution through actions that are not gender- or race-based, Title VII is not implicated. If the conduct is gender- or race-based, it is.”). Therefore, because the Court finds that as a matter of law there was no hostile work environment, the Court need not analyze whether these claims may be imputed to either the employer or to any individual defendants. Accordingly, to the extent the Plaintiffs Section 1983, Title VII, or NYSHRL claims are premised on a hostile work environment theory, the County Defendants’ motion for summary judgment is granted and such claims are dismissed. 2. As to the Retaliation Claims The Plaintiff alleges that the County, the BOE, and the individual Defendants have, while acting under color of state law, deprived him of his constitutional rights as secured by the First Amendment, in violation of 42 U.S.C. § 1983. In addition, he claims that he was demoted, suspended, and ultimately discharged in retaliation for his participation in protected activities, such as his complaints of Wilson’s alleged harassment, in violation of Title VII. Finally, the Plaintiff claims he was subjected to unlawful retaliation in and through the adverse employment actions he suffered due to his participation in protected activities, in violation of NYSHRL. In essence, the Plaintiff claims that he was demoted via his transfer to the warehouse and then ultimately terminated because of his complaints regarding Wilson’s alleged sexual harassment. The Defendants argue that the Plaintiffs retaliation claims relating to his supposed demotion and subsequent termination fail as a matter of law because (1) he cannot show a causal connection between his protected activity and the adverse employment actions; and (2) the undisputed facts demonstrate that he was transferred and then terminated for legitimate, non-retaliatory reasons. For the reasons set forth below, the Court finds that summary judgment on these claims is unwarranted. As mentioned above, the Plaintiff alleges retaliation under the rubrics of Title VII, Section 1983, and NYSHRL. All of these claims are analyzed pursuant to the familiar three-step burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and thus all three claims will be assessed simultaneously. In summary form, the McDonnell Douglas test requires that, first, the plaintiff establish a prima facie case of retaliation. See El Sayed v. Hilton Hotels Corp., 627 F.3d 931, 932-33 (2d Cir.2010) (describing the McDonnell Douglas burden shifting test in the context of a retaliation claim). To establish a prima facie case of retaliation, the plaintiff must: adduce evidence sufficient to permit a rational trier of fact to find (1) that he engaged in protected [activity] under [the anti-discrimination statutes], (2) that the employer was aware of this activity, (3) that the employer took adverse action against the plaintiff, and (4) that a causal connection exists between the protected activity and the adverse action, i.e., that a retaliatory motive played a part in the adverse employment action. Kessler v. Westchester Cty. Dep’t of Soc. Servs., 461 F.3d 199, 205-06 (2d Cir.2006). If there is no direct evidence of retaliatory animus, proof of causation may be shown indirectly, such as by demonstrating temporal proximity between the protected conduct and the alleged retaliatory action. Gordon v. N.Y. City Bd. of Educ., 232 F.3d 111, 117 (2d Cir.2000); Cifra v. GE, 252 F.3d 205, 217 (2d Cir.2001) (“[T]he causal connection needed for proof of a retaliation claim ‘can be established indirectly by showing that the protected activity was closely followed in time by the adverse action.’ ”) (quoting Reed v. A.W. Lawrence & Co., 95 F.3d 1170, 1178 (2d Cir.1996) (internal citation omitted)). Then, if the plaintiff establishes a prima facie case of retaliation, the burden shifts to the defendant to produce a non-retaliatory reason for the allegedly adverse action. Id. Finally, if the defendant satisfies this burden of production, the plaintiff again has the burden of showing, through more than mere temporal proximity, that “more likely than not the employer’s decision was motivated, at least in part, by an intent to retaliate against him.” El Sayed, 627 F.3d at 933 (“The temporal proximity of events may give rise to an inference of retaliation for the purposes of establishing a prima facie case of retaliation under Title VII, but without more, such temporal proximity is insufficient to satisfy appellant’s burden to bring forward some evidence of pretext.”); see Patterson v. County of Oneida, N.Y., 375 F.3d 206, 221 (2d Cir.2004) (noting that the burden shifts back to the plaintiff to demonstrate by competent evidence that “the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.”). If a retaliatory motive played any part in the adverse employment actions, even if there were other objectively valid grounds, the law is violated. Sumner v. U.S. Postal Serv., 899 F.2d 203, 209 (2d Cir.1990) (citing Davis v. State Univ. of N.Y., 802 F.2d 638, 642 (2d Cir.1986)). “Thus, once the employer has proffered its nondiscriminatory reason, the employer will be entitled to summary judgment ... unless the plaintiff can point to evidence that reasonably supports a finding of prohibited discrimination.” James v. N.Y. Racing Ass’n, 233 F.3d 149, 154 (2d Cir.2000) (“once the employer has proffered a reason for its action, all presumptions and special rules drop away; a case under Title VII becomes like any other case in that the plaintiff, in order to prevail, must have evidence from which the factfinder can reasonably find the essential elements of the claim”). In order to meet this burden, a plaintiff may rely on evidence presented to establish his prima facie case, as well as additional evidence such as direct or circumstantial evidence of retaliation. Desert Palace, Inc. v. Costa, 539 U.S. 90, 99-101, 123 S.Ct. 2148, 156 L.Ed.2d 84 (2003); LaFond v. Gen. Physics Servs. Corp., 50 F.3d 165, 174 (2d Cir.1995) (“Pretext may be demonstrated either by the presentation of additional evidence showing that ‘the employer’s proffered explanation is unworthy of credence,’ or by reliance on the evidence comprising the prima facie case, without more ....”) (internal citation and quotation omitted). In some circumstances, a plaintiff may merely demonstrate that he satisfies McDonnell Douglas’s minimal requirements of a prima facie case and to put forward evidence from which a factfinder could find that the employer’s explanation was false, when it gives “powerful evidence of discrimination — more than enough to sustain a plaintiffs verdict.” James, 238 F.3d at 154. However, there are other cases in which “the two together might fall far short of providing evidence from which a reasonable inference of discrimination could be drawn.” Id. “[T]he key is whether there is sufficient evidence in the record from which a reasonable trier of fact could find in favor of plaintiff on the ultimate issue, that is, whether the record contains sufficient evidence to support an inference of discrimination.” Rodriguez v. City of New York, 644 F.Supp.2d 168, 184 (E.D.N.Y.2008). “[T]he way to tell whether a plaintiffs case is sufficient to sustain a verdict is to analyze the particular evidence to determine whether it reasonably supports an inference of the facts plaintiff must prove— particularly discrimination.” James, 233 F.3d at 157; see also Norton v. Sam’s Club, 145 F.3d 114, 118 (2d Cir.1998) (“The thick accretion of cases interpreting this burden-shifting framework should not obscure the simple principle that lies at the core of anti-discrimination cases. In these, as in most other cases, the plaintiff has the ultimate burden of persuasion.”). “ ‘The ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.’ ” Patterson, 375 F.3d at 221 (quoting Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981)). “‘Thus, unless the employer has come forward with evidence of a dispositive non-retaliatory reason ‘as to which there is no genuine issue and which no rational trier of fact could reject,’ the conflict between the plaintiffs evidence establishing a prima facie case and the employer’s evidence of a [non-retaliatory] reason reflects a question of fact to be resolved by the factfinder after trial.’ ” LaFond, 50 F.3d at 174-75 (quoting Cronin, 46 F.3d at 203). a. As to a Prima Facie Case In the present case, there does not appear to be any dispute that Conklin engaged in protected activity when he informally complained about Wilson’s behavior, as well as when he formally filed a sexual harassment complaint with his employer. Moreover, it does not appear to be contested whether Conklin’s employer — the County and specifically the BOE — were aware of this activity. In addition, there is no dispute between the parties as to whether Conklin’s termination constituted an adverse employment action. While the parties’ 56.1 statements take pains to characterize the Plaintiffs move to the warehouse categorically as either a demotion or a mere transfer, the County Defendants’ motion does not argue that this incident does not constitute an adverse employment action. Therefore, for purposes of the present motions, the Court will presume that this incident does qualify as an adverse employment action. With regard to causal connection, the Plaintiff largely relies on temporal proximity. Conklin asserts first, that most of the relevant events happened within a time frame of only five and a half months, which is the span of time between the initiation of the complaint procedures on February 29, 2008 and his termination on August 20, 2008. He claims that this fact alone demonstrates sufficient temporal proximity for purposes of the causation analysis. Further, the Plaintiff argues that even if the Court rejects this period of time as establishing sufficient temporal proximity, he can still establish an inference of causation because the Court can merely view a portion of his contentions — namely, the initiation of the sexual harassment complaint procedure on February 29, 2008 and his demotion to the warehouse on or about April 15, 2008 — as a mere one month gap that would be sufficient to promote an inference of causation. The Defendants dispute that the Plaintiff has met his burden of presenting a prima facie case sufficient to oblige it to explain its adverse actions. See Zimmermann v. Assocs. First Capital Corp., 251 F.3d 376, 380 (2d Cir.2001). Specifically, the Defendants contend that the Plaintiff is unable to sustain his initial burden of demonstrating a causal connection. However, this argument is unavailing because the evidence necessary to satisfy the Plaintiffs initial burden is “minimal” and “de minimis.” See id. With regard to the establishment of a prima facie case through temporal proximity, the Second Circuit has not drawn a bright line as to how closely an adverse employment action must follow protected activity to imply that retaliation has taken place. See, e.g., Espinal v. Goord, 558 F.3d 119, 129 (2d Cir.2009) (citing Gorman-Bakos v. Cornell Coop. Extension, 252 F.3d 545, 554 (2d Cir.2001)). While some courts within this Circuit have held that a three month gap is insufficient to show a causal connection, others have found that a separation of as much as eight months will permit an inference of causation. Id. (citing Hollander v. American Cyanamid Co., 895 F.2d 80, 85-86 (2d Cir.1990) and Grant v. Bethlehem Steel Corp., 622 F.2d 43, 45-46 (2d Cir.1980)). The Court finds that the sequences of events alleged in this particular case, beginning with Conklin’s initial complaints of Wilson’s behavior and the filing of a formal complaint, to the BOE’s transfer of the Plaintiff to the warehouse and his subsequent termination, all happened within such a limited time frame that a prima facie case is established. b. The Defendants’ Articulated Reasons The County Defendants argue that even if the Plaintiff has pled a prima facie case of retaliation, they have articulated a legitimate, non-retaliatory reason for the claimed adverse employment actions. In particular, the County Defendants assert that “[t]he record regarding Plaintiffs insubordination, abysmal attendance record as well as numerous attendance counseling meetings stands as an overwhelmingly legitimate nondiscriminatory reason as to why plaintiff was terminated.” (Cty. Def.’s Motion at 12.) In this regard, the Defendants have submitted ample evidence indicating the Plaintiffs poor attendance record at the BOE. In the County Defendants’ Local Rule 56.1 Statement, through approximately 100 numbered paragraphs which are largely undisputed and corroborated by Conklin’s deposition transcript, the Defendants describe that, beginning in 2008, the Plaintiff did not work the required hours of Monday through Friday from 9:00 am to 4:30 pm with two ten minute breaks and one half-hour lunch period. For example, the Plaintiff admits that for the work period from February 11, 2008 through July 27, 2008, he did not ever work a normal seven-hour day. (Cty. Def.’s 56.1, at ¶ 37, 57, 72, 91.) In addition, Conklin admitted in his deposition that he “had a problem with absenteeism and lateness toward the end of his employment” at the BOE. (Conklin Dep. at 553:9-11.) See Davis v. Moore Wallace, Inc., 217 Fed.Appx. 313 (5th Cir.2007), aff'g No. 05 Civ. 57, 2006 WL 722217, 2006 U.S. Dist. LEXIS 15652 (E.D.Tex. March 15, 2006) (finding a failure to abide by employer’s attendance policy to be legitimate grounds for plaintiffs termination). Therefore, the Defendants have articulated a legitimate and non-retaliatory reason for the Plaintiffs termination. Moreover, the Defendants explain that the reason for transferring the Plaintiff to the warehouse and part of the reason for his eventual termination was the inappropriate accessing of computer records from the voter database in connection with Amy Connelly, as described above. (See O’Rourke Dep., at 99 (responding to why she believed Mr. Conklin was terminated by stating there were “a number of reasons”, including that she “became aware that he was — had used a computer to get information that was not used for Board purposes.”).) The Plaintiff does not deny that it is possible he accessed the voter registration information for John Connelly, but that it conceivably could have been someone else if they had his password. In any event, the Plaintiff disputes that he did so inappropriately because he did it at Wilson’s request. (Conklin Dep., at 868.) More importantly, Conklin contends this could not be a legitimate reason for his move to the warehouse because the computer query offered by the Defendants as evidence was generated one month after his relocation to the warehouse and that this “proof’ of his access is particularly suspicious in light of the fact that it was generated precisely one day after he filed his formal complaint of sexual harassment. On the other hand, Geier testified that she may have had the report printed a second time, and that explains why the date on the report post-dates Conklin’s move to the warehouse. Therefore, there is a question of fact as to whether the articulated reason for the Plaintiffs move to the warehouse is legitimate. c. Whether the Stated Reasons are Pretextual Even assuming that the Defendants have articulated legitimate non-retaliatory reasons for both the Plaintiffs move to the warehouse and for his termination, the Court finds that there are sufficient questions of fact as to whether these reasons are pretextual, and were made in order to defeat the Defendants’ motion for summary judgment as to the Plaintiffs retaliation claims. With respect to his termination, the Plaintiffs poor attendance record is undisputed, but the Plaintiff asserts it was consistently poor for a substantial period of time both before his move to the warehouse and afterwards. Ellis testified that he advised Geier of Conklin’s attendance issues as far back as May 2008, although the Plaintiff was not terminated until August 2008. (Ellis Dep., at 34.) Thus, this evidence can arguably be interpreted by a reasonable fact finder to show that Conklin’s termination was not in fact based on his longstanding attendance issues but rather motivated, at least in part, as retaliation for his sexual harassment complaints. In addition, the Plaintiff points out that there are no written memoranda or letters in his file documenting any issues with his attendance, either in the summer of 2008 or during any other time period. Furthermore, the Plaintiff argues that Robert Cacciola, another warehouse employee, was never monitored by Ellis or disciplined by Geier, although he had similar attendance issues. Courts have consistently held that one way to establish a claim of retaliation is to show that the complaining employee is treated differently than other employees who did not engage in a protected activity. See Knight v. City of New York, 303 F.Supp.2d 485, 498-99 (S.D.N.Y.2004); see also DeCintio v. Westchester Cty. Med. Ctr., 821 F.2d 111, 115 (2d Cir.1987) (holding that discrimination can be established “through other evidence such as disparate treatment of fellow employees who engaged in similar conduct”). Therefore, the Court finds that the Plaintiffs prima facie case, along with these additional pieces of evidence, are sufficient to create a triable issue of fact as to whether the Defendants’ articulated reasons for Conklin’s termination are mere pretext. With regard to Conklin’s move to the warehouse initiated by Geier, even if the computer inquiry was unquestionably generated prior to the transfer so that it constitutes a legitimate reason for the reassignment, the fact that the computer report was then regenerated just one day after Conklin filed his May 15, 2008 formal complaint of sexual harassment against Wilson, provides circumstantial evidence that Conklin’s alleged improper accessing of computer records dating back to January 9, 2007 was mere pretext for the Plaintiffs transfer or “demotion” to the BOE warehouse in April 2008. Further demonstrating a question of fact as to whether the move was pretext is that Geier’s understanding of its impetus differs from that of BOE’s Director of Operations Keith Tuthill and Warehouse Supervisor Bill Ellis. For instance, Tuthill testified that Geier told him that the reason why Mr. Conklin was moved to the warehouse was because he “wasn’t coming to work .... that was the reason why he was moved.” (Tuthill Tr. at 25.) See EEOC v. Ethan Allen, Inc., 44 F.3d 116, 120 (2d Cir.1994) (identifying a fact issue where the defendant offered contradictory reasons during the course of administrative investigation). Viewing all of the disputed facts in this case in the light most favorable to the nonmovant, these pieces of circumstantial evidence create an issue of pretext sufficient to defeat summary judgment. Cf. Dixon v. Int’l Federation of Accountants, 416 Fed.Appx. 107, 110-11 (2d Cir.2011) (“Again, assuming arguendo that Dixon established a prima facie case of retaliation, her poor work performance constituted a legitimate, non-retaliatory reason for her termination, and she fails to identify any evidence, apart from temporal proximity, to suggest that this reason was pretextual.”). In sum, there is sufficient evidence in the record from which a reasonable trier of fact could find in favor of the Plaintiff on the ultimate issue, that is, whether the record contains sufficient evidence to support an inference of retaliation. In addition, there is sufficient evidence to find that Defendant Geier, as Commissioner, was personally involved in the retaliation to be held liable under Section 1983 and NYSHRL. Therefore, the County Defendants’ motion for summary judgment to dismiss the Plaintiffs retaliation claims, whether asserted through Title VII, Section 1983, or NYSHRL, is denied. 3. As to the Section 1983 Fourteenth Amendment Claims With regard to the Section 1983 Fourteenth Amendment Claim asserted in the Complaint, the Plaintiff does not fully address a Fourteenth Amendment gender discrimination claim against any of the Defendants in his opposition papers. To the extent the Plaintiff continues to seek to pursue this claim, the Court finds that there are no facts alleged or evidence put forth that supports a claim of gender discrimination as a result of the claimed retaliatory actions taken by the County Defendants, including Geier. In any event, the Second Circuit has explained, albeit in the racial discrimination context, that no such cause of action exists. Bernheim v. Litt, 79 F.3d 318, 323 (2d Cir.1996) (“[ajlthough claims of retaliation are commonly brought under the First Amendment ... and may also be broug